possession order, what next?

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    possession order, what next?

    We have a court date, & are hoping to get a possession order soon.
    The tenant is not living in the property, but still has some furniture there.
    Once we get the possession order, can we get our property back if there is still some furniture left in there?
    Not sure exactly what is left in the house, & we won't until we get in.
    We know that she is not living there, but she goes there once a day to pick up post.

    Right - this is what you can do:-
    1. After the Possession Order is effective, (not the actual day on which you receive it) if the property is unoccupied there is nothing to prevent your entering with your own key. (If anybody is there just leave).
    2. As your tenant ceases to be a tenant after the PO is effective you can change the locks and secure the premises if she is not there.
    3. Make sure you have a laminated notice to attach to all exit doors to say you have lawfully repossessed the premises and changed the locks, and any attempt to re-enter is a criminal offence. You might also want to state that her possession can be retreived at a date convenient to you as you still have to store them safely for 90 days normally (but not necessarily on the premises).
    4. Phone the tenant on her mobile after you have done this, inform the police just for safety's sake and take a couple of friends to the house with you when you meet her to collect her belongings. If your tenant tries to re-enter then you can insist the police arrest her as she will be in contempt of court.
    5. You only need a bailiff if your tenant remains in occupation beyond the effective dae of the Possession Order.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


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